By Doug HansonSensitive SallyThe janitor’s job duties entailed cleaning restrooms, counters and windows, for which she was required to mix water, detergent and acids to prepare cleaning solutions. She worked several cleaning routes during her employment.

Over a year after she began her employment, the janitor was assigned to perform cleaning services for a large office building. This required her to clean eight restrooms, a lobby, a large cafeteria, a small cafeteria, several conference rooms, cubicles, hallways and stairs. After several months, the janitor developed sensitivity to the cleaning products used for the office assignment, and she complained of burning lungs and throat. After an examination, her physician diagnosed her with mild pneumonitis and mild hypoxia. The physician recommended the janitor take a week off of work and wear a mask when cleaning the bathrooms.

Upon returning to work after her week of leave, the janitor provided the company with a letter from her physician restricting her bathroom chemical exposure to a maximum of two hours per day and requesting the company make an effort to ventilate the area. The company complied and assigned four of her bathrooms to another janitor. The janitor’s symptoms, however, returned within two hours of working. The janitor’s supervisor drove her to a medical center the same day for treatment.

When the janitor again returned to work, her physician restricted her to “no exposure to cleaning solutions.” The restrictions wer not limited to the office location, but barred her from use of cleaning chemicals for any purpose. The company contacted the janitor’s physician to express concern about her condition and explained it had no work available for the janitor within the restrictions.

The company requested the physician review the details of the cleaning solutions and the janitor’s job descriptions and provide updated restrictions. After reviewing the chemical details, the physician did not change the restrictions and recommended the janitor stay away from the cleaning solutions altogether. The physician never released the janitor’s restrictions.

The company’s president of human resources reviewed the physician’s reports and conclusions and concluded the company could not provide a position within the restrictions imposed by the physician. The cleaning solutions unavoidably became airborne in the buildings while the janitorial staff was cleaning the buildings, and no other positions were available. After the janitor was advised no work was available within the restrictions, she sued the company under the ADA, alleging failure to reasonably accommodate her disability.

No reasonable accommodations availableThe district court concluded the janitor was not protected by the ADA because she could not perform the essential functions of her job even with reasonable accommodations. On appeal, the janitor proposed two accommodations: (1) eliminating restrooms on her cleaning route; or (2) providing her with a respirator. The Sixth Circuit found neither of the janitor’s proposed accommodations were objectively reasonable because they both failed to comply with the physician-mandated restriction of “no exposure to cleaning solutions.” Elimination of restrooms on the cleaning route was not reasonable as the janitor would still be exposed to cleaning chemicals in the other areas of her route. Further, there was no evidence a respirator would have allowed the janitor to comply with the physician’s restrictions. The physician’s final restriction was not limited to breathing fumes from chemical solutions, but was to avoid exposure of all kind. Accordingly, the Sixth Circuit agreed with the district court’s dismissal of the janitor’s claims.

Richard Busch was quoted in The Hollywood Reporter and USA Today about his representation of Jillian Michaels and prevailing against Lion’s Gate. Read the articles here:The Hollywood ReporterUSA Today

Richard Busch interviewed by the BBC in London about U.S. Copyright Law and some of the recent cases on which he has worked. Listen to the interview here.

Richard Busch was cited in The Hollywood Reporter about Ed Sheeran settling the lawsuit over the hit song Photograph.Read the article here.

Eddie Wayland was featured in an article in the Tennessee Trucking News magazine, the official magazine of the Truckload Carriers Association.Read the article here.

Doug Piercewas quoted in the Nashville Post regarding King & Ballow’s victory over the City of Nashville; at issue was the ‘promptness’ for producing records under the Tennessee Public Records Act. A judge ruled the City violated the statute.Read the article here.

Richard Busch was quoted on Law.com about his legal background, experience with copyright infringement cases, and the ‘Blurred Lines’ appeal.Read the article here.

King & Ballow congratulates Eddie Wayland for being named to the 2017 edition of The Best Lawyers in America in the practice areas of: Employment Law - Management, First Amendment Law, Labor Law - Management, Litigation - Labor and Employment and Transportation Law. Mr. Wayland has been consistently recognized by his peers and named to the publication for over 25 years.Read more here.

Richard Busch most recently obtained a favorable decision by the United States Court of Appeals, reversing the district court, and holding that the author of the "Iron Man Theme" from Marvel's "Iron Man" television show, and movies, had submitted sufficient evidence that his creation was not a "work for hire" in order to proceed to trial on his copyright infringement claim. The full decision can be accessed here.

King & Ballow congratulates Eddie Wayland for being featured in an article in the Tennessee Trucking News magazine, the official magazine of the Truckload Carriers Association.Read the article here.

King & Ballow congratulates Richard Busch for being named to Billboard Magazine’s 2016 “Music Industry's Top Lawyers.”Read more here.

Richard Buschwas quoted in Rolling Stone Magazine on the new 'Stairway to Heaven' case.Read the article here.

Eddie Wayland is featured in the Truckload Authority magazine, the official publication of the Truckload Carriers Association in the article, “Labor Pains: New Labor Laws Could Cause You Pain If You Are Not Prepared.” Read the article here.Richard Busch takes on another high-profile copyright infringement case.Read the article here.

King & Ballow congratulates Eddie Wayland for being named to the 2016 edition of The Best Lawyers in America, wherein the top 4% of attorneys in the country are recognized. Mr. Wayland has been consistently named to the publication for over 25 years.Read more here.

King & Ballow congratulates Richard Busch for being named to Billboard Magazine’s 2015 “Music's Most Powerful Attorneys,” where he was one of only four litigators named.Read more here.

Richard Busch was a featured litigator in Billboard Magazine regarding the “Blurred Lines” case.Read the article here.

Richard Busch appeared on America’s Newsroom this morning to discuss Bill Cosby’s 2005 admission to purchasing Quaaludes to drug women.Watch the video here.

Richard Busch is frequently asked to discuss legal issues on Fox Business News. He recently appeared to discuss the class action lawsuits filed against Manny Pacquiao, and others, related to the alleged non-disclosure of a shoulder injury prior to the fight against Floyd Mayweather.Watch the video here.

King & Ballow congratulates Paul Duvall for being named to Martindale Hubbell Top Lawyers list for Wage & Hour for 2014 and 2013. Click here to read the article.

King & Ballow congratulates Richard S. Busch for being named to the Hollywood Reporter's 2013 list of the top 100 entertainment lawyers in the United States. This is the second year in a row Mr. Busch has been so honored. Mr. Busch, who has been with King & Ballow since 1991, is the partner in charge of the Firm's Entertainment and Intellectual Property sections.Click here to read the article.

Steve Douse was quoted in the article, National Newspaper Association Challenges Valassis, Inc. | Post Deal in Federal Court. Regarding competition with the USPS, Douse said, “It forces firms to compete with the Postal Service and Valassis with one hand tied behind their backs.”Click here to read the article

Richard Busch'sForbes Magazine article, Fighting For The Right To Superman's Copyright: More Brutal Than Anything Lex Luthor Could Have Imagined Click here to read the full article.